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Author Topic: Court got this one right  (Read 1048 times)
msdmnr2002
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« on: Jan 27, 2009 at 14:46 »

Not sure I'd exactly call cheerleading a "contact" sport (oh to be so lucky), but if that's the loophole you need to throw a BS case out, so be it:

http://sports.espn.go.com/highschool/rise/news/story?id=3864291

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.


The lawsuit was brought by Brittany Noffke, who was a varsity cheerleader at Holmen High School in western Wisconsin. Practicing a stunt in 2004, Noffke fell backward off the shoulders of another cheerleader and suffered a serious head injury.

She sued a 16-year-old male teammate who was supposed to be her spotter but failed to catch her. She also sued the school district and the district's insurer.




I have never heard of a player in any sport in any level wanting to sue a teammate because they messed up, even if it led to an injury.  But I'm not going to extrapolate this to all cheerleaders, as I'm sure this is a single case.  Nice job of parenting there.  Something bad happened to you?  Blame someone else, even if it's a recognized and obvious risk you were aware of before you signed up.

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Preacherman0
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« Reply #1 on: Jan 29, 2009 at 21:08 »

Unless the guy looked at her while she was lying there and said, "That's what you get for not going to the prom with me," or the guy was too busy feelin' up another girl in the stunt, this lawsuit is absurd.  When you stand up really high and fall down, sometimes it can hurt.

However, this is disturbing:

Because of the increasingly difficult stunts, injuries among high school cheerleaders are a problem.

Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of "catastrophic" sports injuries among high school girls since 1982 have involved cheerleading.



Since many cheerleaders are chosen on looks and popularity rather than athletic skill, maybe they should tone down the nature of their routines.
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pensodyssey
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« Reply #2 on: Jan 29, 2009 at 21:26 »

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Unless the guy looked at her while she was lying there and said, "That's what you get for not going to the prom with me," or the guy was too busy feelin' up another girl in the stunt, this lawsuit is absurd.

Or unless he fingered her while she was Brinkered.
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msdmnr2002
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« Reply #3 on: Jan 29, 2009 at 22:23 »

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However, this is disturbing:

Because of the increasingly difficult stunts, injuries among high school cheerleaders are a problem.

Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of "catastrophic" sports injuries among high school girls since 1982 have involved cheerleading.

100 in roughly 25 years is about 4 a year.  More than you'd like to see, but not an epidemic.  As far as the high percentage of injuries being from cheerleading, how many girls' sports are there that have a high risk of significant head injury?  Not many, so it makes sense that cheerleading would lead to the majority of injuries.
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aj_law
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« Reply #4 on: Jan 30, 2009 at 11:39 »

I'd like to vote for making cheerleading a contact sport.  I nominate myself for finding the loophole.

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dare2beme
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« Reply #5 on: Jan 30, 2009 at 13:37 »

Wow, check out those Iowa husks!
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leighclay
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« Reply #6 on: Feb 11, 2009 at 21:56 »

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However, this is disturbing:

Because of the increasingly difficult stunts, injuries among high school cheerleaders are a problem.

Researchers at the University of North Carolina have found that two-thirds of the roughly 100 cases of "catastrophic" sports injuries among high school girls since 1982 have involved cheerleading.

100 in roughly 25 years is about 4 a year.  More than you'd like to see, but not an epidemic.  As far as the high percentage of injuries being from cheerleading, how many girls' sports are there that have a high risk of significant head injury?  Not many, so it makes sense that cheerleading would lead to the majority of injuries.

Coming from a sport where we've recently experienced an overload of catastrophic injuries, 4 per year is a huge number.  While "catastrophic" injury may not mean death, it generally means at least a paralyzing injury.  People get really uptight about these kinds of injuries, even though it's a voluntary sport.

Other girls sports that have a high risk of head injury for girls are equestrian sports, gymnastics, lacrosse, field hockey.

I agree the lawsuit is ridiculous.  Nobody makes you sign up for cheerleading, and you know the risks when you do.  There has to be a significant failure in the standard of care for a lawsuit of this type to succeed. 

If I remember my law school classes correctly, there was the case of a Bengals player suing another player for an injury sustained during a game.  That's the suit that basically resulted in the rule that players can't sue other players for injuries incurred during the course of a game that's not the result of some malicious intent.
I'm glad the court ruled the way it did.
To do otherwise would have opened an unending can of worms...

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